State v. Barsness

OPINION

WOZNIAK, Chief Judge.

This is a pretrial appeal by the state from an order allowing respondent Peggy Barsness to present evidence of her I.Q. level in her defense. Barsness has been indicted for second degree murder, Minn. Stat. § 609.19(1) (1988) (with intent); third degree murder, Minn.Stat. § 609.195 (1988) (depraved mind); and manslaughter in the *667second degree, Minn.Stat. § 609.205(1) (1988) (culpable negligence). We reverse.

FACTS

Respondent Peggy Barsness is charged with various degrees of homicide in the death of her six-month-old daughter, Kirsten Barsness, whom the state alleges…